What are the rules on disparagement and comparative advertising?

In Texas, it is against the law to make false, misleading, or disparaging claims in advertising. Disparagement is when a business makes a false or demeaning statement about another business or individual. Comparative advertising is when a business compares its products or services to that of another business. In order for an advertising claim to be legal in Texas, it must be truthful, not misleading, and verifiable. Businesses cannot make false or disparaging claims about their competitors, or compare their products or services in a way that lacks accuracy. For example, a business cannot make a claim that its product is better than its competitors product, without presenting facts to support this claim. The Texas Deceptive Trade Practices Act protects consumers from false advertising. It also ensures that all advertising claims made by businesses in Texas are truthful and not misleading. For this reason, any claims made in advertisements must be backed up with verifiable evidence. Businesses must also include any disclaimers or qualifications in their advertisements that may be needed to clarify the accuracy of their claims. In addition, businesses making claims about the performance of their products or services must be able to substantiate those claims. This means they must provide evidence that the claim is accurate - such as tests and reports that have been conducted by a third party. Failure to meet these standards can result in a business facing legal action.

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What are the rules on disparagement and comparative advertising?

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